Terms and Conditions

1 – Definitions

“We” or “Us” means Staccum Limited as providing the services

“You” means the person or entity purchasing the services or any party acting on the customer’s instructions

“Agreement” means this document

“Site” or “Website” means the collection of web pages and related content that is identified by a common domain name and published on our services

2 – Web hosting and email

  1. This is a ‘best effort’ service and no guarantees of up time of availability are made. We are not liable for any interruptions to service or interruption to your business or operations.
  2. Compute, storage, and networking resources are not guaranteed and are provided on a ‘fair use basis’, where your usage of our services must not be excessive and/or unreasonable in our reasonable opinion.
  3. Aliases are excluded from additional email user costs. Service accounts, generic accounts, or other automated email accounts for specific purposes may be excluded at our sole discretion, based on our sole view and decision of their resource requirements.
  4. We take aim to take website-level backups of all websites each day, local backups of each mailbox each day, and server-level backups of all servers once per week. These are not disaster recovery mechanisms and are not guaranteed to happen or be available should disaster recovery be required.
  5. We make no representation and give no warranty as to the accuracy or quality of information received by any person via our services and we have no liability for any loss or damage to any data stored by us. We recommend you take appropriate insurance to cover instances of data loss or business interruption.
  6. We retain administrative access to sites and email for maintenance purposes. You shall not revoke or modify this access.
  7. Unless otherwise agree or provided for in these Terms, you are responsible for all updates and software maintenance on your website.
  8. We make our best efforts to provide a safe and secure service, but you are responsible for any breaches or damages arising from a lack of maintenance per clause 2.6 and any modifications you make to any website and email hosting.
  9. You take responsibility for and own all content on the site and agree not to provide or promote anything that contravenes New Zealand law.
  10. You will not use our services for bulk emailing. If you require this, please contact us and we can design and build an appropriate solution for your needs.
  11. We reserve the right to take offline, delete, suspend, remove, or in any other way cease availability of your website or email to protect the integrity of our services, at our sole discretion and without notice. If any suspension will last longer than seven days, we will inform you of the reasons.
  12. Should your service be terminated for any reason, we will make our best effort to, but cannot guarantee provision of your data to you in a portable format.
  13. You must keep any identification, password, or any other confidential information relating to your account secret and secure. You will notify us immediately of any known or suspected unauthorised uses of your accounts or breaches of security, including loss, theft, unauthorised access, unauthorised disclosure of your password or other confidential information, or any other security information.
  14. You cannot transfer your account to another entity or person without our written approval.

3 – Domain registration

  1. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name, until we are able to provide confirmation of registration details.
  2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant authority and registry. You need to be aware of those terms and conditions and make sure you comply with them.
  3. We are not required to register a domain name for you and you have no right to bring any claim against us if we do so.
  4. Any administration charge paid by you to us shall be non-refundable unless the naming authority or registry refuses to register your desired domain name.
  5. We have no liability of the use by you of any domain name.
  6. If there any disputes over a domain, we will have no liability in such a dispute and reserve the right to, at our discretion and without giving reason, withhold, suspend, cancel or otherwise restrict access to a domain name.
  7. We will not release any domain to another provider unless it has been paid to us in full.

4 – Payment

  1. Payment for web hosting and email services is made 12 months in advance, with the first month charged in full regardless of when service provision started. The period for service is inclusive of the dates stipulated,
  2. Charges for other work will be invoiced at the time and payment is due in accordance with those terms.
  3. We endeavour to have invoices dispatched on the first business day of the month.
  4. Payment terms are strictly nett.
  5. Balances one month or more overdue will attract:
    • A one-off Late Payment Account Establishment Administration Fee of $200 + GST, applied as of the invoice due date, and,
    • A Monthly Late Payment Account Administration Fee of $95 + GST for each subsequent calendar month overdue, applied at the start of that month, and,
    • Interest on the overdue amount(s) (including fees where applicable) at per annum rate of the benchmark 90-Day Bank Bill plus a 10.5% risk margin, calculated daily and charged monthly, beginning at the invoice due date.
  6. Overdue accounts may be referred to a debt collection service at our discretion. You will be liable for any costs for incurred by us for debt recovery from you.
  7. Payment must be in New Zealand Dollars and made by bank transfer to our bank account as noted on our invoices.

5 – Termination

  1. If you fail to make payments as they fall due, we will endeavour to keep your services operating, but we may suspend the services and/or terminate provision without notice and at any point.
  2. If you break any of these terms and conditions, we may suspend the services and/or terminate provision without notice.
  3. If you are a company and you go into insolvent liquidation, an administrator or administrative receiver is appointed, or you enter into a voluntary arrangement with your creditors, we may suspend the services and/or terminate provision without notice.
  4. If your services are suspended or terminated by you or us without notice or without the full notice required in 5.5, a $350 + GST Early Termination Fee may be charged.
  5. You may cancel your services with us at any point with 90 days written notice. There is no fee for notified cancellations.
  6. If your services are suspended or terminated, they can be reinstated by us after the payment of a Service Reinstatement Fee of $350 + GST.
  7. Refunds will be considered at our sole discretion.
  8. If your services are cancelled and you require your data for transfer, this can be arranged upon payment of a data transfer fee of $195 per hour + GST.
  9. We reserve the right to destroy any data from terminated services at any point and without notice.

6 – Indemnity and limitation of liability

  1. You indemnify us, keep us indemnified, and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), however suffered or incurred by us in consequences of your breach or non-observance of this agreement.
  2. All conditions, terms, representations and warranties relating to the services supplied by us, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are excluded.
  3. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

7 – Entire agreement

  1. These terms and conditions together with any documents expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.
  2. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this agreement.
  3. We reserve the right to amend these Terms and Conditions at any time. We will endeavour to notify you of any changes to them, it is your responsibility to check them on occasion for any such amendments.

Addendum 1 – Referral credit

  1. Eligible customers who successfully refer another customer to us can get a discount of one free month per referral per service (email and web hosting).
  2. The credit will apply to the next bill for services in advance.
  3. There is a limit of six total free months.
  4. The credit will last for as long as the referred customer continues to have services with us.
  5. We may withdraw this promotion at any time at out discretion.